Whistle Blower Policy
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INTRODUCTION
Bahuvida Limited (‘the Company’ or ‘Bahuvida’) is committed to the highest standards of moral and ethical integrity, transparency and propriety in its work. Towards this end, the Company encourages Employees and Directors with bona fide concerns vis-a-vis core values, probity and integrity, unethical behavior, actual or suspected fraud or violation of the Bahuvida Limited Code of Conduct or good Safety, Sexual Harassment, Health & Environment (SHE) practices to come forward and report their concerns without fear of victimization, harassment or retribution.
AIM AND SCOPE
This Policy aims to:
- Provide avenues for employees and directors to raise serious concerns regarding ethical values, probity and integrity, unethical behavior, actual or suspected fraud or violation of the Bahuvida Limited Code of Conduct, Sexual Harassment or good SHE practices.
- Redress any harassment or victimization in work place.
- Enable management to be informed at an early stage to take corrective action and avoid any complication or repeat of such unacceptable behavior at a later date.
- Develop a culture of openness, accountability and total integrity.
- Reassure employees and directors that they will be fully protected from harassment or victimization for whistle-blowing in good faith.
SAFEGUARDS
The Company will ensure the following safeguards to employees and directors (the “Whistle Blower”, or “Complainant” in the case of sexual harassment) making a whistle-
- The Whistle Blowing Disclosure or Complaint is made bona fide and in good faith;
- The Whistle Blower or the Complainant reasonably and bona fide believes that the information or allegations he/she discloses is substantially true; and
- The Whistle Blower or Complainant is not acting for any personal gain or with any ulterior motive, purpose or objective.
PREVENTION OF HARASSMENT OR VICTIMIZATION OF THE WHISTLE BLOWER OR COMPLAINANT
WHISTLE BLOWING DISCLOSURE AND COMPLAINT OF SEXUAL HARASSMENT
- Any two from Executive Vice Presidents/Senior Vice-Presidents;
- Senior Vice President/Vice President – Human Resources; and
- Respective Divisional or Functional Head (Executive Vice President/Senior VPs/VPs), as applicable.
CONFIDENTIALITY
RECKLESS AND/OR IRRESPONSIBLE ALLEGATIONS
ACCESS TO THE AUDIT COMMITTEE
PROCEDURE FOR HANDLING WHISTLE BLOWING DISCLOSURES
AND,
SEXUAL HARASSMENT COMPLAINTS
A. Whistle Blower / Complainant Makes a Whistle Blowing Disclosure / Complaint
When a Whistle Blowing Disclosure is made, the Investigating Committee shall undertake a preliminary investigation, obtaining as much detail as possible from the Whistle Blower and making a confidential Disclosure Report of the essential details. If the Whistle Blower requests anonymity, the Investigating Committee shall respect that request and shall not include the Whistle Blower’s name in the Disclosure Report and shall not disclose the name of the Whistle Blower to any other person. Breaching this anonymity provision may result in disciplinary action against the Investigating Committee and/or any defaulting member thereof.
If the Investigating Committee can remedy the matter of Disclosure / Complaint, it shall do so promptly, and record the remedial action taken in its Disclosure Report / Complaint Report and advise the Whistle Blower / Complainant accordingly, along with a copy of its confidential Disclosure Report / Complaint Report to the Whistle Blower / Complainant and to the Chairman of the Audit Committee.
If the Investigating Committee cannot remedy the matter of the Disclosure / Complaint, it shall immediately refer the Disclosure Report / Complaint Report to the Chairman of the Audit Committee to investigate and recommend appropriate remedial action in response to the Disclosure / Complaint.
B. Objection to any Committee Appointment:
C. Procedure for Investigation
- Look into the nature and facts of the Disclosure/Complaint.
- Look at evidence substantiating and/or refuting the allegation (s) in the Disclosure / Complaint.
- If there is enough evidence, proceed with the investigation.
- The Committee constituted by the Managing Director to investigate into a Disclosure or a Complaint:
- Shall look in detail on the evidence which may include but not be limited to documents and papers, written submission(s), emails / SMS, etc;
- May, if not an anonymous Disclosure, call the Whistle Blower/Complainant and review and record his/her explanation;
- Shall refer to the employee(s) who is accused in the Disclosure / Complaint (the “Respondent”) and record his/her explanation on the subject matter of the Disclosure / Complaint;
- Shall, if satisfied with the Respondent’s explanation, close the investigation with the Committee’s detailed reasoned conclusions and recommendations being recorded and appended to the Disclosure Report / Complaint Report to become the Committee’s Report; then proceed as stated in the below steps;
- If not satisfied with the Respondent’s explanation, the Committee can:
- i. Make its own report and recommendation on the investigation to the Managing Director for their further action; or
- ii. Proceed to collect further information/evidence in the matter;
- iii. Shall, where the Whistle Blower / Complainant is unable to substantiate the allegations in the Disclosure / Complaint or where
- iv. The Committee has doubts over the validity of the allegations,:
- v. Recall the Whistle Blower (if known) / Complainant to further substantiate the allegations with proper evidence; or
- vi. If the Whistle Blower is not known, proceed to below stated steps;
- May co-opt any other employee not being the subject of the Disclosure or the Complaint to the Committee to assist in investigating the Disclosure / Complaint;
- Shall, once satisfied that the information gathered / evidence received is sufficient for the making of a report, prepare its report and also its recommendation; and
- Shall submit its report to the Managing Director or the Audit Committee, as the case may be, for consideration and direction on the actions to be taken in response to the Committee’s Report.
- Shall, if its findings relate to any integrity issue and/or require dismissal of an employee, copy such Committee report to the Chairman of the Board and also to the Chairman of the Audit Committee of the Board for consideration of the Audit Committee or the Board of Directors, as the case may be.
D. Close out Procedure
E. Special Provisions for “Sexual Harassment” Cases
An environment at the work place for preservation and enforcement of the right to gender equality for all employees is the Company’s desired objective.
Nature of Sexual Harassment:
Sexual harassment includes, but is not limited to, unwelcome sexually determined behavior (whether directly or
by implication) such as:
(a)Physical contact and advances;
(b)A demand or request for sexual favors;
(c) Sexually-colored remarks;
(d)Showing pornography;
(e)Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature;
(f) Harassment or victimization at the work place or outside of work
because subject of sexualharassment does not respond
favorably or rebuff’s such advances or objects thereto
F. Complaint Mechanism:
G. Procedure for Investigation
The Committee shall follow the procedures enumerated as above
H. Prevention of Victimization
I. Confidentiality:
Strict confidentiality shall be maintained by the Committee and all others involved in the investigation and processing of Disclosures/Complaints.
J. Close out Procedure
Effective Date:
This Policy shall be in force and effective on and from 01st August, 2017